The company "Kartina World" LLP., hereinafter named as "Operator", on the one hand and the "Subscriber" on the other hand have signed this Agreement as follows:
1. Terminology of the Agreement
The parties of this Agreement take following definitions for the subsequent terms for all duration of this Agreement:
Subscription – Purchase by Subscriber the access to services for a period determined in Agreement.
Equipment – IPTV-STB (IPeeTeeVee – SetTopBox), corresponding to the standards of MPEG-4 DVB and the technical requirements defined by the Operator, and other additional equipment, required for receiving.
Services – providing by the Operator to Subscriber of rights of Internet access to the package of Russian TV program «Kartina World», including activation and warranty support of Equipment.
The subscription period – Minimum subscription according to this Agreement – 12 months, monthly subscription in term of this Agreement – 30 days.
Public display – broadcasting of any message or transmission by Operator using the technical means in a place open to public access, or in a place where there is a significant number of persons not belonging to the usual family circle.
2. Subject of the Agreement
Subscriber orders from the Operator, and the Operator provided services to Subscriber (according to paragraph 1 of Agreement). When necessary, the Operator provides the Subscriber with the necessary equipment for an extra charge. When purchasing the Equipment with the prepayment, it becomes the property of the Subscriber immediately upon receipt of payment to the account of the Operator. The operator provides warranty support of Equipment within 12 months from the date of purchase.
Access to Services is provided to the Subscriber from the moment of the crediting the account of the Operator by Subscribers' payments for Services (license fee and one-time connection fee).
In the case of purchase of equipment using loan, it is fully owned by the Operator before the full payment is received from the Subscriber. Warranty on the Operator's equipment are retained.
Technical assistance and support to the Subscriber in the United States is carried out by "Kartina Digital” GmbH using the Tel. 1-888-827-0606
3.1 In the case if the Subscriber decides not to renew or to terminate own Subscription Agreement before its end, Equipment remains as the property of the Subscriber. The Subscriber is solely responsible for the proper use and proper storage of Equipment during the warranty period. Unauthorized use of Equipment is prohibited and punishable by law.
3.2 The Subscriber possesses no right to use the Equipment and services for public display, as well as to organize and provide access to Services for third parties. Subscriber agrees that the Equipment can be used only for home use. (Network and other commercial users who have multiple connections, such as hotels, cable and Internet networks, restaurants, bars and the like, having more than one party, enter into a special Agreement with the Operator on special conditions.)
Violation of this paragraph leads to termination of access without refund of costs. The Operator also reserves the right to seek compensation in the court.
3.3 With the loss of password by the Subscriber, or access code, or Equipment, the Operator is not liable for damages of the Subscriber. For the issuing to the Subscriber a new password or access code, the Operator charges a Subscriber a one-time fee of $ 10.
3.4 The Subscriber has the right to return the IPTV-STB to the Operator (in the original packaging with no obvious signs of use) within two weeks of receipt indicating the reason for the return (postage costs are not refundable). Subscription (for a month or for a year) is non-refundable in any case.
3.5 There is no condition for termination of Agreement by the Subscriber in connection with his move (change of residence) or disconnection of the Subscriber from the Internet for reasons beyond the control of the Operator.
4. Conditions of Payment for Services
4.1 All amounts in this Agreement shall be paid in US dollars at the approved rates by the Operator, applicable at the time of the Services granting
4.2 In accordance with the terms of this Agreement, the payment for Services can be performed in three ways:
- payment in advance for the whole year;
- monthly payment;
- a monthly subscription for a period of 12 months.
4.3 The payer must inform the Operator all the necessary information about himself or herself: full name, full residential address, bank requisites, and date of birth. The abovementioned data should be relevant. In the case if the Subscriber informs the incorrect data and there is a need for changes to the database of the Operator, the Subscriber is charged a one-time fee of 5 US dollars.
4.4 Payment Day is the day of transfer of funds to the bank account of the Operator.
4.5 The Subscriber is responsible for all bank charges relating to the payment for Subscriptions.
5. The price of services
5.1 This Agreement establishes the prices at the time of conclusion of the Agreement on the site kartinatvbrooklyn.com
5.2 The Subscriber fee does not change until the end of the concluded Agreement.
6. Obligations of the Operator
6.1 The operator is obliged to take all necessary measures to ensure the permanence, continuity and quality of the Services. The Operator reserves the right to carry out maintenance work.
6.2 The Operator reserves the right to change the composition of the programs of the Service package and the Operator will offer the most interesting and rated channels.
7. Obligations of the Subscriber
7.1 The Subscriber has to use the Equipment and Services in accordance with the terms of this Agreement.
7.2 The Subscriber is liable for the obligations specified in this Agreement. The person who signed this Agreement, is considered as acting on own behalf and at his own expense.
7.3 The Subscriber shall within 15 days by any convenient way, inform the Operator about the changing of name, residential address and bank details.
7.4 In case if the Subscriber has information (or suspects) that someone illegally uses his or her access codes to Services, he is obliged to notify immediately the Operator to change the code.
8. The suspension of Service usage
8.1 The Operator reserves the right to suspend access to the Service of the Subscriber without any prior notice or any compensation in the case of:
- failure by the Subscriber to fulfill any of the obligations;
- unauthorized use of the Services;
- force majeure.
9. Term and termination of the Agreement
9.1 The Agreement enters into force on the date of receipt by the Subscriber of Equipment (this moment is the date of confirmation from the postal service about delivery of Equipment) and it is valid until its termination or until its expiry.
9.2 Upon termination of the Agreement, the Subscriber must in writing form (via email) to notify the Operator six weeks upfront before the end of the Agreement. Otherwise, the Agreement is extended automatically for another 12 months.
10. Force Majeure
10.1 The Operator is not responsible before the Subscriber for failure to fulfill obligations under this Agreement due to circumstances that have arisen without the obvious will and desire of the Operator, and that were impossible to foresee, prevent or to overcome: natural disasters, laws, decrees and resolutions or omissions of Governments, or other authorities, or other parties, for which the Operator is not responsible.
10.2 As the Operator is not the creator of the program, it is not responsible for the content, change the broadcasting schedule or complete cessation of broadcasting programs that are transmitted by it within the Services for which the Subscriber subscribed.
11. Disputes Resolution
11.1 All the disputes between the parties should be resolved by means of negotiations. In cases where agreement was not reached, the dispute between the parties should be resolved in court in accordance with the applicable laws. The court's decision is final and obligatory to both parties. Costs expenditures are paid by the part that lost the case, unless the court decided otherwise. Place of the court proceedings is Wiesbaden, Germany.
12. Confidential Data
12.1 The Subscriber agrees not to transmit access codes and any other sensitive data within the boundaries of this Agreement to third parties. Liability for damage caused by a breach of this paragraph is on the Subscriber.
12.2 The Operator is obliged to keep secret all the information received from the Subscriber as part of the Agreement (full name, address, access code, bank requisites, the cost of services, etc.) in all cases where it does not contradict the current legislation.
The Subscriber acknowledges that he or she agrees the Terms of the Agreement. If any paragraph of this Agreement is found to be unenforceable on the basis of the law, all the other paragraphs remain enforceable.
All the changes and additions to this Agreement are valid only if they are performed in the form of an Additional written Agreement signed by both parties.
Operator is the company named "Kartina World" LLP
Office21, 8 Shepherd Market
London, Mayfair, UK
Reg. № OC333592
Kartina TV Brooklyn